51. The Role of Institutions and Policy Processes in Defining Health Information Privacy Frameworks in the United States and Canada.
- Author
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Vlaicu, Sorina O. and Crist, William Ken
- Subjects
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RIGHT of privacy , *DISCLOSURE laws , *RIGHTS , *COMMON law - Abstract
Policies addressing health information privacy are important due to the damaging effects of inappropriate disclosure, and also because they revive long-standing controversies, such as prevalence of individual rights over group interests, trust in various levels of government, and the degree of governmental involvement in protecting citizens? rights and regulating businesses. Both Canada and the United States offer a multi-level framework of privacy protections resulting from legal precedent (common law), state/provincial laws and regulations, and federal legislation. In Canada, the federal privacy law, PIPEDA, fully implemented in January 2004 is viewed as an unprecedented intrusion into traditional provincial domains, such as regulating physicians? practices. In the United States, HIPAA?s final health privacy rule, with a 2003-2004 implementation deadline and also disputed in courts, is complicated by partial preemption mechanisms that make uncertain the applicability of state legislation. This study brings together issues of health law and policy development. Using legislative summaries, interest group positions, media coverage data and public opinion polls, this study will discuss sources of health information privacy protection in Canada and the United States, and analyze the policy development processes, emphasizing the role of political institutions and national culture in defining the policy directions followed by the two nations. [ABSTRACT FROM AUTHOR]
- Published
- 2004
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